WSR 13-21-031 EMERGENCY RULES DEPARTMENT OF FISH AND WILDLIFE [Order 13-264—Filed October 8, 2013, 3:11 p.m., effective October 8, 2013, 3:11 p.m.] Effective Date of Rule: Immediately upon filing.
Purpose: Amend recreational fishing rules.
Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900C and 232-28-61900D; and amending WAC 232-28-619.
Statutory Authority for Adoption: RCW 77.04.020 and 77.12.047.
Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.
Reasons for this Finding: The department is in the process of adopting permanent rules necessary to implement the personal use fishing plans agreed-to with resource comanagers at the North of Falcon proceedings. These rules are interim until permanent rules take effect.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 2.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: October 8, 2013.
Philip Anderson
Director
NEW SECTION
WAC 232-28-61900D Freshwater exceptions to statewide rules.
Notwithstanding the provisions of WAC 232-28-619, effective immediately until further notice, it is unlawful to violate the provisions below. Unless otherwise amended, all permanent rules remain in effect: Humptulips River (Grays Harbor County), including all channels, sloughs, and interconnected waterways: From the mouth (Jessie Slough) to Highway 101 Bridge: Salmon: Chum retention permitted. Bear River (Pacific County): From mouth (Highway 101 Bridge) to Lime Quarry Road: Anti-snagging rule, night closure, and barbless hooks required. Chehalis River (Grays Harbor County), including all channels, sloughs, and interconnected waterways: From mouth to Porter Bridge: Salmon: Open: Daily limit 6; no more than 3 adults of which only 1 adult may be a Chinook and only 2 adults may be wild coho. From Porter Bridge to high bridge on Weyerhaeser 1000 line approximately 400 yards downstream of Roger Creek: Salmon: Open: Daily limit 6; no more than 3 adults of which only 2 adults may be wild coho. Release chum and Chinook. Naselle River (Pacific/Wahkiakum County): From Highway 101 Bridge to Highway 4 Bridge: Night closure, anti-snagging rule, and barbless hooks required. From Highway 101 Bridge to Highway 401: Anglers may fish with a Two-Pole Endorsement. From Highway 4 Bridge to the Crown Mainline (Salme) Bridge: Closed from upstream entrance of the hatchery attraction channel downstream 400 feet. Closed through October 15 from Highway 4 upstream to the full spanning concrete diversion structure at the Naselle Hatchery. Internal combustion motors prohibited. North River (Grays Harbor/Pacific County): From Salmon Creek to Fall River: Night closure, anti-snagging rule, and single-point barbless hooks required. Palix River, including all forks (Pacific County): From the Highway 101 Bridge to the mouth of the Middle Fork: Salmon: Open: Daily limit 6; no more than 2 adults of which only 1 adult may be a wild coho. Release chum and wild Chinook. Satsop River and East Fork (Grays Harbor/Mason County): From the mouth to the bridge at Schafer State Park: Salmon: Chum retention is permitted and release wild adult Chinook. From 400' below Bingham Creek Hatchery dam to dam: closed waters – except for anglers with disabilities who permanently use a wheelchair AND who have a designated harvester companion card: Salmon: Chum retention is permitted and release wild adult Chinook. Willapa River, South Fork (Pacific County): From the mouth to the bridge on Pehl Road: Night closure, anti-snagging rule, and barbless hooks required. Wishkah River (Grays Harbor County): From the mouth of the West Fork to 200 feet below the weir at the Wishkah Rearing Ponds: Closed from 150 feet upstream to 150 feet downstream of the Wishkah adult attraction channel/outfall structure (within the posted fishing boundary) except for anglers with disabilities who permanently use a wheelchair and have a designated harvester companion card. Wynoochee River (Grays Harbor County): From the mouth to the WDFW White Bridge Access Site: Bait is permitted. Salmon: Chum retention is permitted.
Reviser's note: The spelling error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040. REPEALER
The following section of the Washington Administrative Code is repealed:
The following section of the Washington Administrative Code is repealed effective 12:01 a.m. October 24, 2013:
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